§ 5. That the secretary of state provide proper seals for the The secretary seral and respective public offices in the said territories. of state to provide seals for 6. That the limitation act, passed, by the governor and the territorial judges of the said territory, the twenty-eighth day of December, offices. one thousand seven hundred and eighty-eight, be and hereby is act passed by disapproved, The limitation the governor § 7. That the expenses incurred by John Cleves Symmes and and judges disGeorge Turner, two of the judges of the said territory, in send- approved. Expenses ining an express, and in purchasing a boat to go the circuit, in the curred by John year one thousand seven hundred and ninety, shall be liquidated C. Symmes by the officers of the treasury, and paid out of the treasury of and George Turner, in the United States. [Approved, May 8, 1792.] sending an express, &c. to be liquidated and paid. RESOLUTION. to cause to be No. 1. Resolved, &c. That the secretary of the treasury cause The secretary to be provided, for the use of the several collectors in the United of the treasury States, printed clearances, on the back whereof shall be a print- provided prined account of the methods which have been found to answer ted clearances for obtaining fresh from salt water, and of constructing extem- for the collec tors, with an pore stills, of such implements as are generally on board of every account, on vessel, with a recommendation, in all cases where they shall the back, of have occasion to resort to this expedient for obtaining water, to the methods publish the result of their trial in some gazette, on their return to been found to the United States, or to communicate it, for publication, to the answer for oboffice of the secretary of state, in order that others may, by their taining fresh success, be encouraged to make similar trials, and be benefited from salt wa by any improvements, or new ideas, which may occur to them in practice. [Approved, May 8, 1792.] which have ter, &c. ACTS OF THE SECOND CONGRESS OF THE UNITED STATES: Passed at the second session, which was begun and held at the City of GEORGE WASHINGTON, President. JOHN ADAMS, Vice President, CHAP. 45. [1] An act concerning the registering and recording of ships or ves sels. No ships or § 1. Be it enacted, &c. That ships or vessels, which shall have vessels, except been registered by virtue of the act, entitled "An act for rethose registered as mention- gistering and clearing vessels, regulating the coasting trade, and ed, to be consi- for other purposes," and those which, after the last day of March dered ships or vessels of the next, shall be registered pursuant to this act, and no other, U. States, &c. (except such as shall be duly qualified, according to law, for Vol. i. p. 33. carrying on the coasting trade and fisheries, or one of them,) shall be denominated and deemed ships or vessels of the United States, entitled to the benefits and privileges appertaining to such ships or vessels: Provided, That they shall not continue to enjoy the same longer than they shall continue to be wholly owned, and to be commanded by, a citizen or citizens of the said wholly owned, states. &c. Proviso; no longer vessels of the United States if not Vessels built within the U. zens, or not § 2. That ships or vessels built within the United States, whether before, or after, the fourth of July, one thousand seven States, before hundred and seventy-six, and belonging wholly to a citizen or or after the 4th citizens thereof, or not built within the said states, but, on the of July, 1776, sixteenth day of May, in the year one thousand seven hundred and belonging wholly to citi and eighty-nine, belonging, and thenceforth continuing to belong, to a citizen or citizens thereof, and ships or vessels which built in the U. may hereafter be captured in war, by such citizen or citizens, States, but beand lawfully condemned as prize, or which have been, or may longing to citi zens on the be, adjudged to be forfeited for a breach of the laws of the 16th May, United States, being wholly owned by a citizen or citizens there1789, &c. vessels prize of of, and no other, may be registered as hereinafter directed: Prowar, or forfeit vided, That no such ship or vessel shall be entitled to be so ed, may be re registered, or, if registered, to the benefits thereof, if owned in gistered, &c. Proviso; as to whole, or in part, by any citizen of the United States, who usuforeign resi- ally resides in a foreign country, during the continuance of such dence of own residence, unless such citizen be in the capacity of a consul of ers, &c. of vessels the United States, or an agent for, and a partner in, some house of trade or copartnership, consisting of citizens of the said states, actually carrying on trade within the said states: And Proviso; as provided further, That no ship or vessel, built within the United to ownership States, prior to the said sixteenth day of May, which was not built in the then owned wholly, or in part, by a citizen or citizens of the U. States priUnited States, shall be capable of being registered, by virtue of or to 16th any transfer to a citizen or citizens, which may hereafter be May, 1789, made, unless by way of prize or forfeiture: Provided, neverthe- Vol. i. p. 471. less, That this shall not be construed to prevent the registering Vol. ii. p. 946. anew of any ship or vessel which was before registered, pursuant to the act before mentioned. &c. collectors, &c. port at or near § 3. That every ship or vessel, hereafter to be registered, (ex- Ships or ves cept as is hereinafter provided,) shall be registered by the col- sels to be lector of the district in which shall be comprehended the port registered by to which such ship or vessel shall belong at the time of her registry, which port shall be deemed to be that, at or nearest to Ship or vessel which the owner, if there be but one, or if more than one, the deemed to behusband, or acting and managing owner of such ship or vessel, long to that usually resides. And the name of the said ship or vessel, and which the of the port to which she shall so belong, shall be painted on her owner, &c. stern, on a black ground, in white letters, of not less than three resides. inches in length. And if any ship or vessel of the United States and port of shall be found without having her name, and the name of the the ship or port to which she belongs, painted in manner aforesaid, the vessel to be owner or owners shall forfeit fifty dollars; one half to the per- stern, &C. painted on the son giving the information thereof, the other half to the use of the United States. The name 50 dolls. forfeit for neglect to paint, &c. a moiety to the informer. Oath or affirmation to be Particulars of 4. That, in order to the registry of any ship or vessel, an oath or affirmation shall be taken and subscribed by the owner, or by one of the owners, thereof, before the officer authorized to make such registry, who is hereby empowered to administer the taken in order same, declaring, according to the best of the knowledge and belief of to registry,&c. the person so swearing or affirming, the name of such ship or Before the offivessel, her burthen, the place where she was built, if built within cer making rethe United States, and the year in which she was built; and if gistry, &c. built within the United States before the said sixteenth day of the oath. May, one thousand seven hundred and eighty-nine, that she was then owned wholly, or in part, by a citizen or citizens of the United States; and, if not built within the said states, that she was, on the said sixteenth day of May, and ever since hath continued to be, the entire property of a citizen or citizens of the United States; or that she was, at some time posterior to the time when this act shall take effect, (specifying the said time,) captured in war by a citizen or citizens of the said states, and lawfully condemned as prize, (producing a copy of the sentence of condemnation, authenticated in the usual forms,) or that she has been adjudged to be forfeited for a breach of the laws of the United States, (producing a like copy-of the sentence whereby she shall have been so adjudged,) and declaring his or her name, and place of abode, and, if he or she be the sole owner of the said ship or vessel, that such is the case; or, if there be another owner or other owners, that there is or are such other owner or owners, feited for false specifying his, her, or their, name or names, and place or places of abode, and that he, she, or they, as the case may be, so swearing or affirming, is or are citizens of the United States; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for, and a partner in, a house or copartnership consisting of citizens of the United States, and actually carrying on trade within the United States, that such is the case, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such ship or vessel, or in the profits or issues thereof; and that the master, or commander thereof, is a citizen, naming the said master or commander, and stating the means whereby, or manner in which, he is so a citiShip, &c. for- zen. And in case any of the matters of fact in the said oath or swearing, &c. affirmation alleged, which shall be within the knowledge of the party so swearing or affirming, shall not be true, there shall be a forfeiture of the ship or vessel, together with her tackle, furniture, and apparel, in respect to which the same shall have been made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath or affirmation shall have been made: Provided always, That if the master, or person having the charge or command of such ship or vessel, shall be within the district aforesaid when application shall be made for registering oath instead of the same, he shall, himself, make oath or affirmation, instead of touching their the said owner, touching his being a citizen, and the means citizenship, whereby, or manner in which, he is so a citizen; in which case, if what the said master, or person having the said charge or command, shall so swear or affirm shall not be true, the forfeitfalsely, to for- ure aforesaid shall not be incurred, but he shall, himself, forfeit feit 1,000 and pay, by reason thereof, the sum of one thousand dollars: And provided further, That in the case of a ship or vessel, built within the United States prior to the sixteenth day of May aforesaid, which was not then owned by a citizen or citizens of the United States, but which, by virtue of a transfer to such citizen or citizens, shall have been registered, pursuant to the act beOath, &c. may forementioned, the oath or affirmation, hereby required, shall and may be varied according to the truth of the case, as often suit the truth of the case as it shall be requisite to grant a new register for such ship or mentioned, &c. vessel. Masters, &c. being within the district, &c. to make the owners, &c. Master, &c. swearing dolls. be varied to be taken and the applicant, &c. within 90' days, &c. A like oath to § 5. That it shall be the duty of every owner, resident within transmitted by the United States, of any ship or vessel, to which a certificate of other owners, registry may be granted, (in case there be more than one such if any, than owner,) to transmit to the collector, who may have granted the same, a like oath or affirmation with that herein before directed to be taken and subscribed by the owner on whose application such certificate shall have been granted, and within ninety days after the same may have been so granted; which oath or affirmation may, at the option of the party, be taken and subscribed, either before the said collector, or before the collector of some other district, or a judge of the supreme, or a district, court of the United States, or of a superior court of original jurisdiction of some one of the states. And if such oath or affirmation shall Oath, &c. be fore collector or judge. not be taken, subscribed, and transmitted, as is herein required, Certificate of the certificate of registry, granted to such ship or vessel, shall be registry forforfeited and void. feited if the oath, &c. is not Ships or ves &c. § 6. That before any ship or vessel shall be registered, she transmitted. shall be measured by a surveyor, if there be one, or by the person sels to be he shall appoint, at the port or place where the said ship or ves- measured, besel may be, and if there be none, by such person as the col- fore registry, lector of the district, within which she may be, shall appoint, ac- by a surveyor, cording to the rule prescribed by the forty-third section of the act, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels." And the officer, or person, by whom such ad- Officer mak measurement shall be made, shall, for the information of, and as ing admeasa voucher to, the officer by whom the registy is to be made, furnish a cergrant a certificate, specifying the built of such ship or vessel, tificate, &c. her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a ship or vessel; and that her name, and the place to which she belongs, are painted on urement to owner, &c. her stern, in manner required by the third section of this act; Certificate to which certificate shall be countersigned by an owner, or by the be countermaster of such ship or vessel, or by some other person who shall signed by attend her admeasurement on behalf of her owner or owners, in testimony of the truth of the particulars therein contained; without which the said certificate shall not be valid. But, in all Not necessary cases where a ship or vessel has before been registered, as a ship or vessel of the United States, it shall not be necessary to mea that have been sure her anew, for the purpose of obtaining another register; registered; ex except such ship or vessel shall have undergone some alteration, cept, &c. as to her burthen, subsequent to the time of her former registry. to measure anew vessels 7. That, previous to the registry of any ship or vessel, the Bond, with husband, or acting or managing owner, together with the mas- sureties, for -ter thereof, and one or more sureties, to the satisfaction of the the proper use and delivering collector of the district whose duty it is to make such registry, up of certifishall become bound to the United States, if such ship or vessel cate of regis shall be of burthen not exceeding fifty tons, in the sum of four try, &c. hundred dollars; if of burthen above fifty tons and not exceeding one hundred, in the sum of eight hundred dollars; if of burthen above one hundred tons and not exceeding two hundred, in the sum of twelve hundred dollars; if of burthen above two hundred tons and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burthen exceeding three hundred tons, in the sum of two thousand dollars; with condition, Condition of in each case, that the certificate of such registry shall be solely the bond, &c. used for the ship or vessel for which it is granted, and shall not be sold, lent or otherwise disposed of, to any person or persons whomsoever; and that, in case such ship or vessel shall be lost, or taken by an enemy, burnt, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the said certificate, if preserved, shall be delivered up, within eight days after the arrival of the master, or person having the charge or command of such ship or vessel, within any |